Cooper v. Armour
U.S. Circuit Court for the District of Northern New York
At Law.
1Opinion of the CourtWallace, J.
The question in this caso is whether an action for malicious prosecution will lie against defendants, who have preferred an accusation before a magistrate charging the plaintiff with a criminal offense, notwithstanding the plaintiff was not apprehended, and no process *216for his a/rest was issued by the magistrate. The gist of the action of malicious prosecution is the putting of legal process in force,' regularly, for the mere purpose of vexation or injury; and the inconvenience 01 harm resulting naturally or directly from the suit or prosecution is the legal damage upon which it is founded.…
2Cases cited11 opinions
- Eastin v. Bank of StocktonCalifornia Supreme Court · 1884
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Closson v. StaplesSupreme Court of Vermont · 1869
- Pangburn v. BullNew York Supreme Court · 1828
- McCardle v. McGinleyIndiana Supreme Court · 1882
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3Cited by6 opinions
- Barker v. HuangSupreme Court of Delaware · 1992
- Nix v. SawyerSuperior Court of Delaware · 1983
- Wilkinson v. Goodfellow-Brooks Shoe Co.U.S. Circuit Court for the District of Eastern Missouri · 1905
- Hayashida v. KakimotoCalifornia Court of Appeal · 1933
- Randleman v. BoeresCalifornia Court of Appeal · 1928
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